Raskat gur, meant for animals and not for human consumption, cannot be considered as adulterated food under the Food Adulteration Act.

H. S. Thakur, J.—The petitioner was found guilty by the learned Chief Judicial Magistrate, Solan of the offence under Section 16 (a) (i) of the Food Adulteration Act (the Act in short) and was sentenced to un ergo imprisonment for six months and to pay a fine of Rs. 1,000. In default of payment of fine, he was to suffer simple imprisonment for two months. The petitioner preferred an appeal. The learned Additional Sessions Judge, however, dismissed the appeal and upheld the conviction and sentence.

2. A few facts relevant to the case may be stated. On December 20, 1979, Food Inspector visited the shop of M/s. Chhajoo Ram and Mohar Singh at Solan and found the petitioner conducting the business of the shop. The Food Inspector purchased 600 grams of gur on payment of Rs. 1.20 P. as its price. A sample was sent for analysis and the Public Analyst found the gur to be adulterated. The total sugars (inverted sugars) were found deficient by 7.5% of the minimum prescribed standard. The petitioner was prosecuted, convicted and sentenced as stated above.

3. The only contention which was raised on behalf of the petitioner before the trial court, the lower appellate Court and also before this Court is that the gur was raskat and was only meant for animals and not for human consumption. As such, it is asserted that the same cannot be termed as food, meant for human consumption.

4. It is contended by Shri K.D. Sud, learned counsel for the petitioner, that the courts below have not correctly interpreted the relevant provisions of law. Ha has referred to a decision in State v. Gulab Chand, [1981 (1) FAC 263]. This is a Division Bench judgment of Rajasthan High Court. It has bees observed in this judgment that a ‘raskat gur that was meant or used as food for animals and not for human consumption and that even though the gur was found adulterated upon analysis no offence under Section 7 read with Section 16 of the Act was mad out Mr. K. D, Sud, has also referred to a decision in Ram Kiskan v. State of U.P., 11981 (1) FAC 324% This is a judgment of Allahabad High Court. In this judgment, after considering the evidence it is specifically observed that from the evidence which has been had by the prosecution, it has not at ail been established that the rape-seed oil which was being sold, was meant for human consumption. On that basis, the accused was acquitted-, Mr. Sud has also drawn my attention to a decision in Shah Ashu Jaiwant v. State of Maharashtra, [1976 (2) SCC 99], He has referred to paragraph 11 of the judgment. It is desirable to extract the satire for a ready reference : "It is submitted that it is a matter of common knowledge that black til seeds are not used as food. Even if this be true, it is not so widely known a fact that we could take judicial notice of it. It is also urged that, when the case of the appellant, supported by his cash memo, is that the particular black ‘til’ seeds were meant to be sold only for pooja for being burnt like incense or thrown into the fire in the course of pooja, it cannot be said that this case had been repelled by the mere statement of the Food inspector that they can be used as food also. Such a statement amounted at least to a partial admission that they are used for pooja. Therefore, it is urged, they could have been kept for the purpose of being sold only as a substance used for pooja and not as human food. It is pointed out that there is nothing in evidence on this question, to dislodge the statement of the accused. We find no evidence on record to show the actual manner in which such seeds are used on the course of pooja. Therefore, toe view of the High Court that they could be consumed by people after the performance of pooja rests on bare conjecture. There had to be credible evidence to show that black til seeds are ordinarily used as food. If that were so, the burden would have shifted on to the shouiders of the accused to prove that what he had stored was not really food meant for hum